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We are three siblings—two daughters and one son—whose parents have passed away. Our father owned five shops, all facing the main road, with a small gate in the middle providing access to the house at the back. We are now looking to initiate the eviction process and have a few questions. First, do we need to execute a partition deed to establish ownership among the three of us before initiating the eviction process, or can we proceed as joint owners and file the eviction suit together? Second, the rental agreements for some of the shops are quite old, as our father had been accepting revised rents over time, while others are valid until 2020, the year of his passing. The tenants have continued paying rent, with an annual increment of 5%, and we, as siblings, have been accepting these payments. Does this situation have any impact on the eviction process, and could it weaken our case in any way?
Sir, you can proceed with the eviction suit without a partition deed as joint owners. The ongoing rent payments and old rental agreements do not necessarily weaken your case, as long as the tenants are not in compliance with the agreement or if the agreement has expired. However, it's important to give proper notice and follow the correct eviction process. For further legal assistance contact us on our helpline number.